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MENZONE v. MENZONE

2003 Mass. App. Div. 161 (2003)

Joseph Menzone v. Robert Menzone

Massachusetts Appellate Division, Western District.

October 2, 2003.

Attorney(s) appearing for the Case

Robert L. Hamer and Adrienne Kotowski for the plaintiff.

Joseph M. Losapio for the defendant.

Present: Ripps, Rutberg & Koenigs, JJ.

Ripps, J.

This appeal,1 pursuant to Dist./Mun. Cts. R. A. D. A., Rule 8C, concerns whether there was sufficient consideration by which to enforce three siblings' agreement to divide their father's entire estate equally, and, if so, whether any such agreement is barred by the statute of frauds.

The facts, as found by the judge and as supplemented from the record, are not really in dispute. Anthony Menzone died on November 22, 1992...

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